In Part One of this series, Disputing highlighted the survey group profile described in “Arbitration in Evolution: Current Practices and Perspectives of Experienced Arbitrators,” authored by Pepperdine University School of Law Professor Thomas Stipanowich and Straus Institute for Dispute Resolution Research Fellow Zachary Ulrich. The article examines data obtained in a unique 2013 survey of 134 members of the College of Commercial Arbitrators (“CCA”). The information collected from survey respondents concerns the state of commercial arbitration practice in both U.S. and international disputes.
The second installment in this series focuses on “the scope of the group’s collective arbitrator practice, including practice as an arbitrator in international cases; kinds of disputes arbitrated; and experience with a variety of arbitration variants including: single-arbitrator proceedings, tripartite arbitration involving party-appointed arbitrators, appellate arbitration, ad hoc arbitration and arbitration under non-administered arbitration rules, streamlined or “fast track” arbitration, “baseball” or final offer arbitration, arbitration with “bracketed” awards, emergency arbitration procedures, and multi-disciplinary tribunals.”
According to Professor Stipanowich and Mr. Ulrich:
A major focus of the CCA/Straus Institute Survey was the nature and breadth of practice by Survey subjects. The Survey produced a wide range of information regarding the experiences of respondents and, by inference, the skill sets they have developed that should be taken into account by parties and counsel considering the use of arbitration and the procedural choices available to them.
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